National Guard members who have served under Title 32 Active Guard/Reserve (AGR) and later transition to Title 32 MILTECH, Title 32 NDS, or Title 5 NDS positions within the FERS Retirement system currently face a significant disadvantage. Under current FERS policy and the U.S. Code, these members are unable to "buy back" their Title 32 AGR service time to count toward their federal retirement. The outdated justification for this policy is that Title 32 AGR is considered "State Active Duty." However, it is important to note that Title 32 AGR members can retire with full Title 10 retirement benefits after 20 years of Active Federal Service (AFS).
Allowing these service members to buy back their Title 32 AGR time would effectively reimburse the federal government for retirement-related costs, reducing the overall budgetary impact. This disparity in policy unfairly penalizes those who have dedicated years of service to the National Guard and should be addressed to ensure equitable retirement benefits for all Guard members. Congress must investigate and correct this issue to provide fair treatment for future National Guard retirees.

The Enlisted Association of the National Guard of the United States urges Congress to correct the disparity in the computation allowance of Title 32 AGR Service towards Title 32 MILTECH, Title 32 NDS, and/or Title 5 NDS retirement.